TERMS AND CONDITIONS

FL DIFFUSION LLC
EIN : 35-2840699

The present conditions of sale are concluded between FL DIFFUSION LLC (“Seller”) and any Buyer.
URL : https://www.physaro.comhereinafter referred to as “the company” and any individual or legal entity wishing to make a purchase of goods or services (“Products”) via its website, or directly, hereinafter referred to as “the BuyerBuyer”.
Those terms and conditions apply to the website but also to any physical store, any retailers, any point of sale.

• ARTICLE 1: APPLICABLE LAW
  
  These terms and conditions are governed by the Florida law. In addition, any applicable local ordinance, or regulation, as applicable, in the County of Florida in which the Products are sold.
• ARTICLE 2: PURPOSE
  
  The purpose of the present terms and conditions is to define the contractual relationship between Seller and the Buyer, and the conditions applicable to all purchases made via the Website or directly. The acquisition of a Product through this site or directly implies unreserved acceptance by the Buyer of these conditions of sale. The Buyer acknowledges having read and understood these terms and conditions prior to placing an order. Prior to any transaction, the Buyer declares on the one hand that the purchase of Products on the Website is not directly related to his/her professional activity and is limited to strictly personal use, and on the other hand that he/she has full legal capacity, enabling him/her to commit to the present terms and conditions of sale. The company reserves the right to modify these conditions of sale at any time, to comply with new regulations or to improve the use of its website. Consequently, the applicable conditions will be those in force at the date of the Buyer’s order.
• ARTICLE 3: PRODUCTS AND SERVICES
  
  The Products and services offered are those shown on the Website, while stocks last. The company reserves the right to modify the assortment of its Products at any time. Each Product is presented on the Website in the form of a description of its main technical characteristics (capacity, use, composition, etc.).
  The pictures are as accurate as possible but are not binding and are not intended to be an actual representation of the Product, on the Seller. The sale of Products presented on the Website is intended for all Buyers residing in any countries that fully authorize the entry of these Products into their territory.

ARTICLE 4: PRICES

The prices appearing on the product sheets of the internet catalog are in US dollars and include Florida Sales Tax applicable on the day of the order. Any change in the Sales Tax rate may be reflected in the price of the Products. The company reserves the right to modify its prices at any time. In the event that any Product is purchased on the Website to be delivered to another state other than Florida, there may be applicable sales tax in said state and Seller retains the right to so collect said other state’s sales tax.

For any delivery in Florida, shipping is free for all orders greater than 1 US dollars including Sales Tax. ARTICLE 5: PAYMENT TERMS
Before placing an order, the Buyer must create an account on the Website. The account creation section can be accessed directly from the side menu bar. At each visit, the Buyer, if he wishes to order or consult his account (order status, profile…), will have to identify himself using this information. The Buyer get the option of ordering and paying for its Products in several stages, with 3 payment options to choose from: Payment by checking account: the Buyer selects the Products he/she wishes to order in the “shopping basket”, modifies them, if necessary (quantities, references…), checks the delivery address or enters a new one. Next, the shipping costs are calculated and submitted to the Buyer, along with the name of the carrier. The Buyer then selects the payment method of their choice. In the last step, the Buyer is asked to check all the information, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the “Confirm my order” button. This last click constitutes the definitive conclusion of the contract. As soon as the order has been validated, the Buyer receives an order form confirming that the order has been registered. To finalize payment and process the order, the Buyer must provide his checking account number and the routing number and the name of its bank.
As soon as the payment is received, the order will be processed, and the Buyer will be informed by email. The company will ship the Products at the earliest 2 working days after payment corresponding to the order.
– Payment by wire transfer: the Buyer selects the Products he wishes to order in the “shopping basket”, modifies them, if necessary (quantities, references…), checks the delivery address or enters a new one. Next, the shipping costs are calculated and submitted to the Buyer, along with the name of the carrier. The Buyer then selects the payment method of their choice: “wire transfer”. In the final step, the Buyer is asked to check all the information, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the “Confirm my order” button. This last click constitutes the definitive conclusion of the contract. As soon as the order has been validated, the Buyer receives an order form confirming that the order has been registered. To finalize payment and process the order, the Buyer must contact his/her bank to wire transfer the amount of the order to the bank account of the company, whose details have been communicated to the Buyer. As soon as the wire transfer is received, the order will be processed, and the Buyer will be informed by e-mail. The company will ship the Products at the earliest 2 working days after receipt of the wire transfer corresponding to the order.

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– Secure payment by credit card: the Buyer selects the Products he/she wishes to order in the “basket”, modifies them, if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Next, the shipping costs are calculated and submitted to the Buyer, along with the name of the carrier. The Buyer then selects the payment method of their choice: “Payment by credit card”.
In the next step, the Buyer is asked to check all the information, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the “Confirm my order” button. Finally, the Buyer is redirected to the link secure interface, where he/she can enter his/her credit card details. If the payment is accepted, the order is registered, and the contract definitively formed. Payment by credit card is irrevocable. In the event of fraudulent use of the card, the Buyer may demand cancellation of the card payment, in which case the sums paid will be credited back or refunded. The cardholder is not liable if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred, the cardholder must contest the debit in writing to his or her bank within 70 days of the transaction, or 120 days if provided for in the contract with the bank. The amounts debited will be reimbursed by the bank within one month of receipt of the cardholder’s written objection. The cardholder will not be charged for the return of the sums.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof, and waiver of the right to invoke one’s own terms and conditions of purchase. All data supplied and the recorded confirmation shall constitute proof of the transaction. If the Buyer has an e-mail address and has entered it on the order form, the company will send an e-mail confirming that the order has been registered.
If the Buyer wishes to contact the company, he may do so either by mail at the following address:
FL Diffusion LLC : 1200 brickell ave suite 1960 MIAMI, FL 33131
Email : contact@physaro.us
ARTICLE 6 DEFAULT

The company will deliver the Products ordered after full payment has been received, in principle, costs and SALES TAX included. Should Buyer fail to pay the full amount due, then Buyer shall be in default and no Product will be shipped to Buyer until payment in full is made.
ARTICLE 7: WITHDRAWAL

The Buyer has a period of 8 working days from delivery of the order to exercise the right of withdrawal and return the product to the seller for exchange or reimbursement without penalty, except for the cost of return.
This right of withdrawal must be exercised by sending an unambiguous declaration by registered post to the company.

Effects of withdrawal: any payment received will be reimbursed within 8 days using the same means of payment. Any additional costs arising from the delivery method chosen, which is not the standard rate, will not be reimbursed. Refunds will be made as soon as the goods are returned to the address below, which must be within 8 days of purchase:

The Buyer is liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the goods. ARTICLE 8: SALES OR DISCOUNTED PRICE

Buyer agrees and acknowledges that where purchase is made at a promotional, sales or discounted price, he-she is not entitled to any refund for any reason of the purchase price, shipping, and delivery charge, and/or any taxes or fees charged by seller in connection with the promotional, sales or discounted price. ARTICLE 9: DELIVERY
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by UPS, a delivery service with tracking and delivery without signature. Delivery times are given as an indication only; if they exceed thirty days from the date of order, the sales contract may be cancelled, and the Buyer reimbursed. The company may provide the Buyer with a tracking number by e-mail. The Buyer is delivered to his home by his letter carrier. If the Buyer is absent, he/she will receive a delivery notice from the letter carrier, allowing him/her to collect the Products ordered from the nearest post office, during a period indicated by the postal services. The risks associated with transport are borne by the Buyer from the moment the items leave the premises of the company. The Buyer is obliged to check the condition of the packaging and the contents of the goods on delivery, in the presence of the employee of UPS. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.

ARTICLE 10: RISK OF LOSS
Risk of loss will be on the Buyer from the time of delivery to the carrier. The Buyer will provide, at its expense, insurance on the Goods ensuring the Seller’s and the Buyer’s interest as they appear, until payment in full to the Seller. ARTICLE 11 : WARRANTY

All Products supplied by the company are covered by the legal warranty. In the event of non-conformity of a product sold, it may be returned to the company who will take it back, exchange it or reimburse it. All claims, requests for exchange or refund must be made by post to the following address: 1200 brickell ave suite 1960 MIAMI, FL 33131, within thirty days of delivery. After the expiration of the thirty days following receipt of the Product, all warranties are expired. ARTICLE 12 : EXCUSE FOR FAILURE TO PERFORM
The Seller will not be liable in any way for any delay, non-delivery, or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Seller or its suppliers. If the Seller, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified or within one month after the date of this term and condition, then the Seller will have the right to terminate this document by notice in writing to the Buyer, which notice will be accompanied by full refund of all sums paid by the Buyer pursuant to this document. In all other cases, if the Seller fails to deliver the Goods to the Buyer within the time and manner specified in this document, the Buyer may provide written notice of the default to the Seller. If within seven (7) days of the notice being received, or within such other time as agreed to by the parties, the default is not corrected, the Buyer may immediately terminate this sale.

ARTICLE 13 : CANCELLATION
The Seller reserves the right to cancel the sale:
a. if the Buyer fails to pay for any shipment when due.
b. in the event of the Buyer’s insolvency or bankruptcy; or
c. if the Seller deems that its prospect of payment is impaired. ARTICLE 14 : NOTICES.
Any notice to be given or document to be delivered to either the Seller or Buyer pursuant to this sale will be sufficient if delivered personally or sent by prepaid registered mail to the address specified below. Any written notice or delivery of documents will have been given, made and received on the day of delivery if delivered personally, or on the third (3rd) consecutive business day next following the date of mailing if sent by prepaid registered mail.
The technical notice is delivered in 6 languages with the Products. ARTICLE 15: LIABILITY

The company, in the distance selling process, is only bound by an obligation of means and cannot be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, virus, service interruption or other involuntary problems. ARTICLE 16: PROCESSING OF PERSONAL DATA

The company undertakes to preserve the confidentiality of information provided by the Buyer, which he/she may be required to transmit in order to use certain services. Internet users have the right to access, modify and delete information concerning them. They may request this at any time by mail to the following address: contact@physaro.us

ARTICLE 17: SETTLEMENT OF DISPUTES
The present conditions of distance selling are subject to Florida Law.
For all disputes or litigation, the competent court will be the Miami Dade County Courts, of Miami Dade County, Florida..
It will be governed by and construed in accordance with the laws of the State of Florida, including the Florida Uniform Commercial Code and the Seller and the Buyer hereby agree to the jurisdiction of the Courts of the State of Florida.